One of the most common reasons E-2 visa applications are denied is not because of the paperwork but because the business itself does not meet visa requirements. Applicants often assume that forming a U.S. company and transferring funds is enough. In reality, the U.S. government looks closely at whether the business is active, substantial, and likely to generate economic value, particularly through job creation.
This guide focuses on what matters most at the beginning of the E-2 process: how to create a business that qualifies. The steps outlined below are designed for entrepreneurs who want to launch a compliant business that supports their visa application and is structured for long-term growth.
Understand the E-2 visa business requirements
According to the U.S. Department of State, the E-2 visa allows nationals of treaty countries to enter the United States to direct and develop a business in which they have invested. The business must be real, for-profit, and operational. The U.S. Citizenship and Immigration Services (USCIS) requires that investors hold at least 50 percent ownership or have control of the enterprise. The capital invested must be committed and placed at risk.
Choose a qualifying business model
Not all businesses are suitable for the E-2 visa. According to the Department of State, the business must produce goods or services and be capable of supporting more than just the investor. Service businesses, restaurants, franchises, and retail operations are commonly used in successful applications. Online businesses may qualify but must show a physical presence and actual operations in the United States. Passive investments such as real estate or holding companies are not eligible.
Register the business in the United States
Forming a U.S. legal entity is an essential step. According to the U.S. Small Business Administration (SBA), this typically means registering a Limited Liability Company (LLC) or Corporation, naming a registered agent, and obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). A dedicated business bank account must also be opened. Ownership documents should confirm the investor’s qualifying share and control of the business.
Develop a business plan
A detailed business plan is central to the E-2 petition. According to the USCIS policy manual, it should include an executive summary, market analysis, financial projections, and a hiring plan. The goal is to show that the business can grow and contribute to the U.S. economy. The plan should align with your investment amount, timeline, and operational goals.
Make the investment and document it
Funds must be fully committed before applying. According to USCIS, this includes spending on startup or operational costs like leases, equipment, marketing, and services. You must document the source and movement of funds with receipts, contracts, and bank statements. The more transparent and traceable the process, the stronger your case.
Show Operational Readiness
A business that exists only on paper will not qualify. According to the Department of State, the enterprise should be either operational or ready to launch. Supporting evidence may include signed leases, website launches, vendor contracts, and initial hires or service agreements. Immigration officers will assess whether the business is real and capable of functioning.
Step-by-step summary
- Confirm your eligibility under the E-2 treaty program.
- Select a business that is active, for-profit, and job-generating.
- Register the company and open a U.S. business bank account.
- Write a credible business plan with financial and hiring projections.
- Invest your funds and document every step and source.
- Launch or prepare operations with real evidence of activity.
References
- U.S. Department of State – https://travel.state.gov/content/travel/en/us-visas/employment/visa-investors.html
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/policy-manual/volume-2-part-j
- U.S. Small Business Administration (SBA) – https://www.sba.gov/business-guide
- Consular Electronic Application Center (CEAC) – https://ceac.state.gov/CEAC/